Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent charges

[outlawlgo]

It is a promising start with a disapointing outcome.

Thursday, 6 January 2011
Rossendale bailiffs caught operating underhand tactics

A constituent who found himself on hard times and defaulted on his Council Tax for the first time became the victim of Council incompetence and underhand practices by bailiffs.

A missed payment of £100 became a default notice of some £1100 after unregistered visits to his property where levied on his account.

After 18 months campaigning with Rossendale Citizens Advice, help from his MP, The Local Government Ombudsman found in favour. Bailiffs were found guilty of malpractice by; failing to provide an inventory list after levying a charge, levying that charge against a motor vehicle outside that was not the victims - one just picked at random even after the victim the bailiffs it was not his car but someone else's; failing to record information (such as time and details) about the visits to the victims property to seek asset recovery.

Rossendale Council were identified by the LGO as failing to administer bailiffs correctly and they were advised by the LGO to under take a review of the way they deal with people.

Quite simply Rossendale Council have neglected a duty of care and have allowed bailiffs under their authority to engage in sharp practices. How more victims are there out there who have been neglected and dare I say, had money fraudulently added to their costs.

Citizens Advice Rossendale have informed me that this practice is more common that this one of case. That it is a sc*m to just to turn up and pick a car, any car, and levy a charge on it. They are concerned about the numbers of people who haven't had the strength of mind to find this injustice and despite having fallen on hard times, had to find hundreds of pounds to pay off bogus charges.

Having worked with the victim on this case I find it absolutely shocking that bailiffs can turn up and use underhand and devious means to escalate a debt form a hundred pounds to thousands of pounds.

The victim has highlighted the the language used. That people may be being misled in to thinking the Council's debts has been sold on to the bailiffs or another company. Kester Dean of Citizens Advice Rossendale has stated this practice is illegal. That Council Tax debt is always the Council's debt and bailiffs are always just agents of the Council.

The disappointing aspect of all this despite the LGO finding against Rossendale Council and the bailiffs concerned is that lack of any compensation for the harassment and time spent by the victim correcting this injustice. It is almost a cost free risk to bailiffs to Council's to pursue debts aggressively and in a fraudulent way.

Local Government Ombudsman Complaint Reference '09 003 990/JEM'
Contact information; To order reports not on the website call: 020 7217 4683


I ordered the report on this investigation from the LGO and you probably won’t be surprise at the response:

Dear Outlawlgo

Thank you for your publications order.

Unfortunately, I am unable to send you anything on the complaint you request as this was locally settled and there is no published report on this investigation.

Many thanks

Teresa Davey
Communications Assistant | DL: 020 7217 4683 |
10th Floor | MillbankTower | Millbank | London | SW1P 4QP |
www.lgo.org.uk |

Local Government Ombudsman

[Caspar]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

That's what I call a BIG missed opportunity to teach these companies to abide by the rules - and Rossendales would have deserved everything they got. I have dealt with 3 cases personally involving them this financial year. What a shame!

[righty]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

They can now be taken to civil court. The victim might also like to consider having a magistrate issue a summons for fraud that'll get their attention including that of the local CPS

[Amy]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

Good grief, he appears to be a victim of BLiar's educashion policies.

[outlawlgo]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

Good grief, he appears to be a victim of BLiar's educashion policies.

Admittedly; you need to decipher parts of the contents and fill in a phew missing worms but their has obviously bean an investigation by the LGO. But more to the point, the details are not available to members of the publik

[Swingletree]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

Quote "as this was settled locally" Could someone please explain what this means, please?

I am particularly interested in the actions to take once a decision has been made by the LGO.

Thank you

[outlawlgo]

Re: Rossendale Council get slapped wrist from LGO after bogus levy and fraudulent cha

Quote "as this was settled locally" Could someone please explain what this means, please?

I am particularly interested in the actions to take once a decision has been made by the LGO.

Thank you

"Locally settled ", doesn't give too much away does it.

I have a couple of interpretations.

1) The victim was offered compensation to avoid the council being exposed to reputational risk or legal challenge. (Unlikely)

2) The victim's fraudulent fees were withdrawn to avoid the council being exposed to reputational risk or legal challenge. (More likely)

Whatever is meant by the term "Locally settled", it is my opinion that details relating to this kind of investigation are kept from the public because this crime is being committed en mass and it is the government's priority to keep this fraud under wraps.